United States vs. Lopez

United States vs. Lopez

by Randi Brainard

Works Cited

. "United States v. Lopez – Case Brief Summary." lawnix. N.p., n.d. Web. 7 Dec 2012. <http://www.lawnix.com/cases/united-states-lopez.html>.

UNITED STATES v. LOPEZ. The Oyez Project at IIT Chicago-Kent College of Law. 05 December 2012. <http://www.oyez.org/cases/1990-1999/1994/1994_93_1260>.

Date and Location

The Question and Answer

Year of case: 1990

Decision made: 1994

Question

Answer

Edison High School

San Antonio, Texas

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.

Judges Involved

ANTHONY M. KENNEDY

ANTONIN SCALIA

SANDRA DAY O'CONNOR

WILLIAM H. REHNQUIST

STEPHEN G. BREYER

United States

JOHN PAUL STEVENS

RUTH BADER GINSBURG

DAVID H. SOUTER

CLARENCE THOMAS

Mr. Lopez was a senior in highschool and he brought a conceled weapon to school.

5th block

Government